CIMM Committee Meeting

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MINUTES OF PROCEEDINGS

Meeting No. 64

Wednesday, November 28, 2012

The Standing Committee on Citizenship and Immigration met in a televised session at 3:30 p.m. this day, in Room C-110, 1 Wellington Street, the Chair, David Tilson, presiding.

Members of the Committee present: Rick Dykstra, Mylène Freeman, Sadia Groguhé, Roxanne James, Kevin Lamoureux, Chungsen Leung, Costas Menegakis, Ted Opitz, Jinny Jogindera Sims, Rathika Sitsabaiesan, David Tilson and John Weston.

In attendance: Library of Parliament: Julie Béchard, Analyst ; Sandra Elgersma, Analyst ; James Gauthier, Analyst . House of Commons: Christine Lafrance, Legislative Clerk.

Appearing: Hon. Jason Kenney, P.C., M.P., Minister of Citizenship, Immigration and Multiculturalism.

Witnesses: Department of Citizenship and Immigration: Karen Clarke, Deputy Director, Migration Control and Horizontal Policy. Department of Public Safety and Emergency Preparedness: Emmanuelle Deault-Bonin, Manager, National Security Policy Directorate. Department of Citizenship and Immigration: Les Linklater, Assistant Deputy Minister, Strategic and Program Policy; Amipal Manchanda, Assistant Deputy Minister, Chief Financial Officer; Robert Orr, Assistant Deputy Minister, Operations; Jillan Sadek, Director, Case Review; Neil Yeates, Deputy Minister. Canada Border Services Agency: Carl Desmarais, Acting Director, Policy Division, Enforcement and Intelligence Programs Directorate.

Pursuant to the Order of Reference of Tuesday, October 16, 2012, the Committee resumed consideration of Bill C-43, An Act to amend the Immigration and Refugee Protection Act.

The Committee resumed its clause-by-clause study of the Bill.

Jillan Sadek answered questions.

After debate, the question was put on the amendment of Kevin Lamoureux and it was negatived on the following recorded division: YEAS: Mylène Freeman, Sadia Groguhé, Kevin Lamoureux, Jinny Jogindera Sims, Rathika Sitsabaiesan — 5; NAYS: Rick Dykstra, Roxanne James, Chungsen Leung, Costas Menegakis, Ted Opitz, John Weston — 6.

On Clause 18,

Kevin Lamoureux moved, — That Bill C-43, in Clause 18, be amended by replacing line 29 on page 5 to line 7 on page 6 with the following:

“42.1 The Minister may, on application by a foreign national, declare, within 90 days following the receipt by the Minister of the application, that the matters referred to in sections 34, 35 and 37 do not constitute inadmissibility in respect of the foreign national if they satisfy the Minister that it is not contrary to the national interest.”

Clause 18 carried on division.

On Clause 19,

Kevin Lamoureux moved, — That Bill C-43, in Clause 19, be amended by replacing line 15 on page 6 with the following:

“prescribed conditions on the person, taking into account their needs and public safety.”

Clause 19 carried on division.

Clause 20 carried.

Clause 21 carried.

On Clause 22,

Kevin Lamoureux moved, — That Bill C-43, in Clause 22, be amended by replacing line 25 on page 7 with the following:

“tions on the person, taking into account their needs and public safety.”

After debate, the question was put on the amendment of Kevin Lamoureux and it was negatived on division.

Clause 22 carried on division.

On Clause 23,

Kevin Lamoureux moved, — That Bill C-43, in Clause 23, be amended by replacing line 39 on page 7 with the following:

“conditions on the person, taking into account their needs and public safety.”

The question was put on the amendment of Kevin Lamoureux and it was negatived on the following recorded division: YEAS: Mylène Freeman, Sadia Groguhé, Kevin Lamoureux, Jinny Jogindera Sims, Rathika Sitsabaiesan — 5; NAYS: Rick Dykstra, Roxanne James, Chungsen Leung, Costas Menegakis, Ted Opitz, John Weston — 6.

Clause 23 carried on division.

On Clause 24,

Jinny Jogindera Sims moved, — That Bill C-43, in Clause 24, be amended by replacing lines 6 and 7 on page 8 with the following:

“ment of at least six months, other than a crime that was punished in Canada by a conditional sentence under section 742.1 of the Criminal Code.”

After debate, the question was put on the amendment of Jinny Jogindera Sims and it was negatived on the following recorded division: YEAS: Mylène Freeman, Sadia Groguhé, Kevin Lamoureux, Jinny Jogindera Sims, Rathika Sitsabaiesan — 5; NAYS: Rick Dykstra, Roxanne James, Chungsen Leung, Costas Menegakis, Ted Opitz, John Weston — 6.

Kevin Lamoureux moved, — That Bill C-43, in Clause 24, be amended by replacing lines 6 and 7 on page 8 with the following:

“ment of at least six months that is not a conditional sentence and was not committed by a foreign national who proves by any means that he or she has habitually resided in Canada since the age of 13 or younger or has lawfully resided in Canada for more than 20 years.”

Clause 24 carried on the following recorded division: YEAS: Rick Dykstra, Roxanne James, Chungsen Leung, Costas Menegakis, Ted Opitz, John Weston — 6; NAYS: Mylène Freeman, Sadia Groguhé, Kevin Lamoureux, Jinny Jogindera Sims, Rathika Sitsabaiesan — 5.

Clause 25 carried on division.

Clause 26 carried on division.

Clause 27 carried on division.

Clause 28 carried on division.

After debate, Clause 29 carried on the following recorded division: YEAS: Rick Dykstra, Roxanne James, Chungsen Leung, Costas Menegakis, Ted Opitz, John Weston — 6; NAYS: Mylène Freeman, Sadia Groguhé, Kevin Lamoureux, Jinny Jogindera Sims, Rathika Sitsabaiesan — 5.

Clause 30 carried on division.

After debate, Clause 31 carried on the following recorded division: YEAS: Rick Dykstra, Roxanne James, Chungsen Leung, Costas Menegakis, Ted Opitz, John Weston — 6; NAYS: Mylène Freeman, Sadia Groguhé, Kevin Lamoureux, Jinny Jogindera Sims, Rathika Sitsabaiesan — 5.

On Clause 32,

Kevin Lamoureux moved, — That Bill C-43, in Clause 32, be amended by replacing lines 34 to 36 on page 10 with the following:

“respect of a person charged with an offence before the day on which section 24 comes into force.”

Clause 32 carried on division.

Kevin Lamoureux moved, — That Bill C-43, in Clause 33, be amended by replacing line 40 on page 10 to line 3 on page 11 with the following:

“respect of a person who is convicted or charged with an offence before the day on which section 24 comes into force.”

Clause 33 carried on the following recorded division: YEAS: Rick Dykstra, Roxanne James, Chungsen Leung, Costas Menegakis, Ted Opitz, John Weston — 6; NAYS: Mylène Freeman, Sadia Groguhé, Kevin Lamoureux, Jinny Jogindera Sims, Rathika Sitsabaiesan — 5.

Clause 34 carried on division.

After debate, Clause 35 carried on the following recorded division: YEAS: Rick Dykstra, Roxanne James, Chungsen Leung, Costas Menegakis, Ted Opitz, John Weston — 6; NAYS: Mylène Freeman, Sadia Groguhé, Kevin Lamoureux, Jinny Jogindera Sims, Rathika Sitsabaiesan — 5.

Clause 36 carried on division.

Clause 37 carried on division.

Clause 38 carried on the following recorded division: YEAS: Rick Dykstra, Roxanne James, Chungsen Leung, Costas Menegakis, Ted Opitz, John Weston — 6; NAYS: Mylène Freeman, Sadia Groguhé, Kevin Lamoureux, Jinny Jogindera Sims, Rathika Sitsabaiesan — 5.

By unanimous consent, the Committee reverted to the consideration of the amendment of Kevin Lamoureux previously stood which read as follows: That Bill C-43, in Clause 8, be amended by adding after line 2 on page 3 the following:

“(4) The Minister must, within 30 days of making a declaration under subsection (1) that a foreign national may not become a temporary resident, table in each House of Parliament a report on the reasons for the declaration.”

John Weston moved, — That Bill C-43, in Clause 8, be amended by adding after line 2 on page 3 the following:

“(4) The report required under section 94 must include the number of declarations made under subsection (1) and set out the public policy considerations that led to the making of the declarations.”

After debate, the question was put on the amendment of John Weston and it was agreed to.

Clause 8, as amended, carried on division.

The Chair ruled the following amendment inadmissible:

That Bill C-43, in Clause 1, be amended by replacing line 5 on page 1 with the following:

“Removal of Permanent Residents Act.”

The Short Title carried on division.

The Title carried on division.

The Bill, as amended, carried on the following recorded division: YEAS: Rick Dykstra, Roxanne James, Chungsen Leung, Costas Menegakis, Ted Opitz, John Weston — 6; NAYS: Mylène Freeman, Sadia Groguhé, Kevin Lamoureux, Jinny Jogindera Sims, Rathika Sitsabaiesan — 5.

ORDERED, — That the Chair report the Bill, as amended, to the House.

ORDERED, — That Bill C-43, as amended, be reprinted for the use of the House at report stage.

At 4:41 p.m., the sitting was suspended.

At 4:43 p.m., the sitting resumed.

Pursuant to Standing Order 81(5), the Committee commenced consideration of the Supplementary Estimates (B) 2012-13: Votes 1b and 7 b under CITIZENSHIP AND IMMIGRATION referred to the Committee on Thursday, November 8, 2012.

The Chair called Vote 1b under CITIZENSHIP AND IMMIGRATION.

The Minister made a statement and, with the other witnesses, answered questions.

Vote 1b under CITIZENSHIP AND IMMIGRATION carried.

The Chair called Vote 7b under CITIZENSHIP AND IMMIGRATION.

Vote 7b under CITIZENSHIP AND IMMIGRATION carried.

The question: "That the Chair report Votes 1b and 7b under CITIZENSHIP AND IMMIGRATION to the House" was put and was agreed to on the following recorded division: YEAS: Rick Dykstra, Mylène Freeman, Sadia Groguhé, Roxanne James, Chungsen Leung, Costas Menegakis, Ted Opitz, Jinny Jogindera Sims, Rathika Sitsabaiesan, John Weston — 10; NAYS: Kevin Lamoureux — 1.

ORDERED, — That the Chair report Votes 1b and 7b under CITIZENSHIP AND IMMIGRATION to the House.

Jinny Jogindera Sims moved, — That the Committee formally ask the Minister of Citizenship and Immigration to undertake to the Committee to release information that the Parliamentary Budget Officer has requested on the cuts in his department.

The question was put on the motion and it was negatived on the following recorded division:YEAS: Mylène Freeman, Sadia Groguhé, Kevin Lamoureux, Jinny Jogindera Sims, Rathika Sitsabaiesan — 5; NAYS: Rick Dykstra, Roxanne James, Chungsen Leung, Costas Menegakis, Ted Opitz, John Weston — 6.

At 5:31 p.m., the Committee adjourned to the call of the Chair.

Julie Lalande Prud'homme
Clerk of the Committee

2013-01-31 3:40 p.m.